MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING LE HONG ANH 453547 CHILD PROTECTION SYSTEMS OF VIETNAM, THAILAND AND CANADA IN A COMPARATIVE PERSPECTIVE BACHELOR'S THESIS Hanoi - 2023 MINISTRY OF JUSTICE MINISTRY OF EDUCATION AND TRAINING LE HONG ANH 453547 CHILD PROTECTION SYSTEMS OF VIETNAM, THAILAND AND CANADA IN A COMPARATIVE PERSPECTIVE Major: Comparative Law BACHELOR'S THESIS SUPERVISOR Dr. DAO LE THU Hanoi - 2023 it STATUTORY DECLARATION Therewith formaliy deciare that Imyself have written the submitted Bachelor's Thesis independently, the conclusions and data im the Bacheior’s Thesis are truthful and reliable./ Confirmation of Supervisor Author of Bachelor’s Thesis Dao Lé Thu Lê Hồng Anh ili ACKNOWLEDGEMENTS Firstly, I would like to express my sincere gratitude to my supervisor, Dr. Dao Le Thu, who gave me such a great opportunity to do this graduation thesis on the topic "Child protection systems of Viemam, Thailand and Canada in a comparative perspective“. Ï would like to thank Dr.
Dao Le Thu for her instruction to help me finalize this thesis. Her support, patience and motivation have deeply inspiredme. Itwas a great privilege and honour to work and study under her guidance. Secondly, I would like to offer my honest appreciation to all lecturers at Hanoi Law University.
My completion of this thesis could not have been accomplished without the teachers support. I feel grateful to be educated to widen my knowledge of law aswell as the English language sol could put my ideas into something concrete. Thirdly, I would also like to thank my parents for their love, caring and sacrifices for educating and preparing me for my future. Besides, thanks to my friends for spiritually supporting me and my classmates for their assistance in.
completing this graduation thesis. Finally, due to my lack of professional experience and knowledge, it would be greatly appreciated ifI received any feedback or suggestions on improving the thesis content from all lecturers. Thank you from the bottom of my heart for everything! iv LIST OF ABBREVIATIONS CYFSA : Child, Youth and Family Services Act ILO : International Labour Organization IDA : Juvenile Delinquents Act NGOs : Non-governmental organizations UN : United Nations UNCRC : United N ations C onvention on the Rights of the Child UNICEF : United N ations International Children's Emergency Fund UNODC : United N ations Office on Drugs and Crime YCIA : Youth Criminal Justice Act YOA : Young Offenders Act OUTLINE Page ERONTISPIBCE: siaoaannddttrinidttrtttttrttttigtitiittiilEgSiistBasyrgxsaaiii i STATUTORY DECLARATION. ACKNOWLEDGEMENTS LIST OF ABBREVIATIONS.---ccccccececeeeeseee iv OUTLINE.
INTRODU CHION sscsssassnssscssscssapssscuasstacensouansasacssanesrusteesesmamanstassansean 1 1. Rationale of the research. 2 Moret gn public ahons cee Bee RANA AO NRA AEA 3 2. Dowestic publications sigiB antes sarasang 4 3.
Objectives and tasks of the Thesis. The object and delimitation of the Thesis. Methodology and research methods of the Thesis. Scientific and practical implications of the Thesis.
Structure of the Thesis. GENERAL ISSUES OF A CHILD PROTECTION SYSTEM 1. The concept of a child protection system .1 The definition ofa chiid protection š)SỈ@1M. The characteristics of a child protection sÿšfeï.
The necessity and significance of a child protection system .1 The necessity ofa child protection syšfeï. The significance of a chiid protection šÿ$f@T. The pillars of a child protection system. The legal framewot Ro.
The chiid protection institutions. The measures of child protection. The relationship between a child protection system and a juvenile SG ISVSLETNNSscorsracisrirtatritieoititgEti55660151111115031618065816858667386018538168ã5588540 22 Conclusion of GHABEET:staissztsbudzdadũcggaagaassagaena 24 CHAPTER 2. THE CHILD PROTECTION SYSTEMS OF CANADA AND TAIGAND cis sscsisscccsitsacsiss saceisesssaisescsassesecasesiessseiseosecisvsssiecctstesesisee 26 2.
The child protection system of Canada. The legai framework on child protection of Canada. The chiid protection institutions ta Canaảa. The measures of child protection in Canada.
The relationship between the child protection system and the Juvenile justice system i CANA. The child protection system of Thailandd. The legai framework on chiid protection of Thatiana. The chiid protection institutions in Thaiiqnd.
The measures of chiid protection in Thaiiand. The relationship between the child protection system and the juvenile justice system in Thailand 45 Conclusion of Chapter 2. THE CHILD PROTECTION SYSTEM OF VIET NAM - COMPARING WITH THAT OF CANADA, THAILAND AND PROPOSALS FOR VIETNAM. The child protection system of Vietnam.
The legal framework on child protection in Vietnam. The chiid protection institutions In Vieinam. The measures of chiid protection in Vietnam. The relationship between the child protection system and the juvenile justice spstent:in HE HUĂN::occcscbsgididsti dit i0.
Comparing the child protection systems of Vietnam, Canada and Thailand 3.1 Stinilarities in the childprotection systems of Vietnam, Canada and ThatiandS7 3. Differences in the childprotection systems of Vietnam Canada and ThailandS9 3. Proposals for the improvement of the child protection system of Vietnam from the Canadian and Thai experiences. Proposals for the improvement of the reievant law in terms of the CUA: DIOL CTION SV SON s «ccnececxaseececsvevecersuzsneseeorereersevenymoneqescereneaTesteene 61 3.
Proposals for enhancing and strengthening the institutions involving child protection. e reer 64 Conclusion of Chapter 3 .cccsccsccssesssseessssssseeeessesseeseceseeseeseaseaes 67 CONCLUSION ssssscvssssssasssasvnssssssasssconssissvesstenassstescascsssevsswcorvascsorvea 68 LIST OF REFERENCES. Rationale of the research According to the United Nations Convention on the Rights of the Child! (UNCRC), a childis also a human being and, being a citizen of a country should have full basic human rights, but “due to their physical and mentel immaturity, requires special protection and care, including appropriate legal protection, before as well as after birth. Therefore, national lews on the protection of children need to be regulated and applied according to an approach based on human rights and the children rights.
That means an approach that ensures a balance between provisions on the content of human rights and children rights and how to implement such rights. In this regard the law protecting children needs to be approached from the principle of the best interests of children In all activities involving children, whether carried out by any agency or organization, the best interests of children must be the first priority. The child protection system was also born and aimed at the same purpose. The child protection system is a collection of different components, organized hierarchically, around the common goal of preventing, responding to and minimizing the risks to protect children However, child protection systems do not always follow through with all their promises.
This situation probably stems from many different causes related to elements of the child protection systems. Specifically, some legal documents do not fully regulate issues related to child protection to ensure the protection of children's rights or some child protection institutions don’t operate effectively because of the limited capacity and capability of the workforce. Another reason is the lack of specificity in child protection measures. Moreover, while rapid socio-economic development during the past two decades has delivered greater prosperity to much of the country, it has also placednew pressures on the child protection system.
Fast-paced economic development and urbanization have resulted in increased unemployment, family break-ups, crime and an erosion of traditional values. Amid these emerging trends, the child protection system of Vietnam isnot fully compliant with the UNCRC in terms of the legal framework for child protection Furthermore, the child protection institutions are not strong enough to ' United Nations, Comention on the Rights of the Ciald, adopted andl opened for signate ratification and accession ‘by General Assembly resohttion 44/25 of 20 November 1989. to respond to the increase in abandoned, neglected, abused and exploited children as well as youth crime. 3 According to data from UNICEF, in Vietnam, more than two in three children aged one to 14 years experience violent discipline and more than 170,000 children are without parental care, destitute or abandoned? It can be seen that the situation of children having their rights violated is alarming, this seriously affects the individual child and society as a whole.
From my perspective, the most effective way to improve the child protection system is to research practical law in the context of international comparative relationships. Therefore, there are certain appropriate proposals for the child protection system in Vietnam from other countries experiences with the child protection system. Based on the foregoing the author chose the topic “Child protection systems of Viemam, Thailand and Canada in a comparative perspective” for graduation research This is a new comparative law study that does not overlap with published studies. The research results contribute to improving the efficiency and promoting the development of the child protection system.
Literature review The majority of scholars around the world focus persistently on studying the law for children from the perspective of sociology, criminology, psychology, legislative basis, and child educated management skills. In these researches, the subject matter related to children including “children’s rights protection” or “child protection system” is one of the most prior issues. The forms and techniques to access the child protection system are taken into consideration in each relationship with different models, based on the commitment and the requirements suited to the cultural, social, and political contexts of each country. In the process of studying the topic, the author has consulted several documents and typical research reports in the form of scientific topics, master’s theses, doctoral theses, books and magazines.
Correspondingly, some typical research projects can be summarized below: ` UNICEF, Child Protection System,< haps /Ammmamicef ong/viemana/child protectian-system>, accessed October 6, 2023. ` UNICEF, Chikiren in Vie, < https /Armvamicef orghrietumathiliren-vistrume accessed October 6,2023. Foreign publications Neil Gilbert, Nigel Parton, and Marit Skivenes (2011), “Child Protection Systems: International Trends and Orientations’, is a comparative study of the social policies and professional practices that frame societal responses to the problems of child maltreatment in ten countries: the United States, C anada, the United Kingdom, Sweden, Denmark, Finland, Belgium, The Netherlands, Germany, and Norwsy. Focusing on the developments in policy and practice since the mid-1990s, this volume provides a detailed up-to-date analysis of the similarities and differences in how child protection systems operate and their outcomes.
The findings highlight the changing criteria that define child maltreatment, trends in out-of-home placement, professional responses to allegations of maltreatment, and the level of state responsibility for child and family welfare, providing an in-depth understanding of the different ways modern welfare states assume the sensitive responsibility of balancing children's rights and parents rights. The changing character of child protection systems worldwide reflects dramatic and rapid organizational, policy, and legislative changes, the expansion of childwelfare systems, the rise of formal procedures and evidence-based initiatives; the increased challenges posed by race and ethnicity, and the extent to which countries adopt either a child protection or a family service approach to child abuse In Nancy Freymond and Gary Cameron (2006), “Towards Positive Systems of Child and Family Welfare: International Comparisons of Child Protection, Family Service, and Community Caring Systems”*, the authors have brought together some of the finest international minds to provide an original and integrated discussion of child protection, family service, and community caring models of child and family welfare. The volume not only examines child protection and family service approaches within Western nations - including C anada, the United States, England, the Netherlands, France, and 5weden. It is also the first comparative study to give equal attention to Aboriginal community caring models in Canada and New Zealand The comparisons in this volume allow for a consideration of constructive and feasible innovations in child and family welfare and contribute to an enriched debate around each system.
4 Neil Gibut, Nigel Paton, and Mart Scivenes C011) CHỦ protection systems: Sreruaiona trend and ovienteaions, Oxford Unaversity Press , Oxford, UK. Ý Nay Reymond mad Gay Cameron 2005), Rasareé Positive Systems of Cildand Feauily WeYfore: Buernationad Compenizons of Clad Protection, Family Service coxd Commustity Cang Sistems University of Taranto Press. 4 Jill Duer Berrick, Neil Gilbert and Marit Skivenes (2023), “The Oxford Handbook of Child Protection Systems”, is the largest to date overview of child protection systems across the world. The book describes and analyzes the ways in which 50 countries from every continent, except Antarctica, have developed measures for the protection of children in need of protection against maltreatment prescribed in theUNCRC.